GST/HST Information for Charities - Community Sector Council
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GST/HST Information for Charities RC4082(E) Rev. 10/16
Is this guide for you? T his guide explains how the goods and services tax/harmonized sales tax (GST/HST) applies to you as a registered charity or a registered Canadian amateur athletic association. The information in this guide does not apply to you if you are a public institution (such as a registered charity for income tax purposes that is a school authority, public college, university, hospital authority, or a local authority determined to be a municipality). Also, see Guide RC4022, General Information for GST/HST Registrants. It has basic information on charging, collecting, and remitting the GST/HST. GST/HST and Quebec In Quebec, Revenu Québec generally administers the GST/HST. If the physical location of your business is in Quebec, you have to file your returns with Revenu Québec using its forms, unless you are a person that is a selected listed financial institution (SLFI) for GST/HST or QST purposes or both. For more information, see the Revenu Québec publication IN-203-V, General Information Concerning the QST and the GST/HST, available at revenuquebec.ca, or call 1-800-567-4692. If you are an SLFI, go to cra.gc.ca/slfi. If you are blind or partially sighted, you can get our publications in braille, large print, etext, or MP3 by going to cra.gc.ca/alternate. You can also get our publications and your personalized correspondence in these formats by calling 1-800-959-5525. This guide uses plain language to explain the most common tax situations. It is provided for information only and does not replace the law. La version française de ce guide est intitulée Renseignements sur la TPS/TVH pour les organismes de bienfaisance. cra.gc.ca
What’s new? W e list the major changes below. This guide contains information based on amendments to the Excise Tax Act and Regulations. At the time of publication, some of these amendments were proposed and not law. The publication of this guide should not be taken as a statement by the Canada Revenue Agency (CRA) that these amendments will in fact become law in their current form. If they become law as proposed, they will be effective as of the dates indicated. For more information on these and other changes, see the areas outlined in colour in this guide. GST/HST public service bodies' rebate If you are a municipality resident in Newfoundland and Labrador, the rebate rate for the provincial part of the HST paid or payable on eligible purchases and expenses is 25% for tax payable in 2016, and 57.14% for tax payable on or after January 1, 2017. Harmonized sales tax rate change for New Brunswick As of July 1, 2016, New Brunswick increased its harmonized sales tax rate to 15% (5% federal part and 10% provincial part). Harmonized sales tax rate change for Newfoundland and Labrador As of July 1, 2016, Newfoundland and Labrador increased its harmonized sales tax rate to 15% (5% federal part and 10% provincial part). Harmonized sales tax rate change for Prince Edward Island As of October 1, 2016, Prince Edward Island increased its harmonized sales tax rate to 15% (5% federal part and 10% provincial part). Donations and gifts Under recent changes, the GST/HST treatment of charitable donations has changed where a charity makes a taxable supply of property or a service in exchange for a donation and when an income tax receipt may be issued for a portion of the donation. For more information, see “Donations and gifts” on page 13. Purely cosmetic procedures Recent changes clarify that purely cosmetic procedures supplied by a charity are generally taxable. For more information, see “Taxable supplies” on page 12. Online services for businesses You can now sign up for online mail by entering an email address when filing a GST/HST NETFILE return. To view your notices, statements, and letters from the CRA, log in to or register for My Business Account at cra.gc.ca/mybusinessaccount. To access our online services, go to: ■ My Business Account at cra.gc.ca/mybusinessaccount, if you are a business owner; or ■ Represent a Client at cra.gc.ca/representatives, if you are an authorized representative or employee. For more information, see “Handling business taxes online” on page 32. Online services for representatives Authorized representatives can now register for online mail on behalf of their business clients by entering an email address when filing a GST/HST NETFILE return. cra.gc.ca
Table of contents Page Page Definitions ............................................................................ 5 Rebate information for charities ...................................... 14 Rebate for public service bodies ......................................... 14 General rules for charities ................................................. 6 Rebate for charities that provide municipal services ...... 14 What is the GST/HST? ....................................................... 6 Rebate for exported property and services ...................... 15 Who pays the GST/HST?.................................................... 7 Rebate for purchases of printed books .............................. 15 Who charges the GST/HST? .............................................. 7 Rebate for property or services removed from a How does the GST/HST work for charities that are participating province ...................................................... 15 GST/HST registrants? ..................................................... 7 Tangible personal property ............................................. 16 How does the GST/HST work for charities that are Intangible personal property and services ................... 16 not GST/HST registrants? .............................................. 7 Determining your net tax as a charity ............................. 16 Does a charity have to register for the GST/HST? ....... 8 Designated Charities ............................................................ 17 Small supplier limits ............................................................ 8 Reporting periods ................................................................. 17 Voluntary registration ......................................................... 9 Net tax calculation for charities .......................................... 17 Branches and divisions ........................................................ 9 Input tax credits .................................................................... 18 Members of unincorporated organizations ..................... 9 How do I register? ................................................................ 9 How to claim both rebates and input tax credits .......... 19 Cancelling your registration ............................................... 9 Charities using the net tax calculation for charities ........ 19 Charities not using the net tax calculation for Exempt supplies................................................................... 10 charities ............................................................................... 19 Exemptions for charities...................................................... 10 Capital property .................................................................... 20 Other exemptions ................................................................. 10 Real property......................................................................... 22 Taxable supplies .................................................................. 12 Sales and leases ..................................................................... 22 Taxable supplies (other than zero-rated) ......................... 12 Who remits the tax on a taxable sale of real Zero-rated supplies .............................................................. 13 property – vendor or purchaser? .................................... 25 Charities providing employment assistance to Input tax credits and real property .................................... 26 individuals with disabilities ........................................... 13 Real property changes in use .............................................. 26 Donations, grants, subsidies and sponsorships ........... 13 Election for real property of a public service body ......... 26 Donations and gifts .............................................................. 13 Subsidized housing .............................................................. 29 Grants and subsidies............................................................ 14 Online services ..................................................................... 32 Sponsorships ......................................................................... 14 For more information .......................................................... 33 4 cra.gc.ca
Exempt supplies – are supplies of property and services Definitions that are not subject to the GST/HST. GST/HST registrants generally cannot claim input tax credits to recover the Basic tax content – of a property generally means the GST/HST paid or payable on property and services they amount of the GST/HST that was payable for your last acquired to make exempt supplies. However, a charity may acquisition of the property, and for any improvements you be eligible to claim a public service bodies’ rebate for such made to the property since that last acquisition, less any expenses. amounts that you were, or would have been, entitled to recover (for example, by rebate or remission, but not by Fair market value – is usually the highest dollar value input tax credits). The calculation for the basic tax content you can get for your property in an open and unrestricted also takes into account any depreciation in the value of the market between a willing buyer and a willing seller who property since you last acquired it (for example, when you are unrelated to each other. Fair market value does not purchased it or were last considered to have purchased it). include the GST/HST payable on the fair market value of the property. For sales of real property, fair market value You may have to calculate the basic tax content of a does not include any provincial land transfer taxes payable property if you are a registrant and you increase or on the sale. decrease your use of the property in your commercial activities. For more information, see “Calculating the basic Government – refers to the federal, provincial, or territorial tax content” on page 21. levels of government. Charity – means a registered charity or registered Canadian Improvement – to capital property generally means any amateur athletic association for income tax purposes, but property or service acquired or imported to improve the does not include a public institution. A charity can issue capital property when the amount paid or payable for that official donation receipts for income tax purposes. property or service is included in the adjusted cost base of the capital property for income tax purposes. Commercial activity – means any business or adventure or concern in the nature of trade carried on by a person, Input tax credit (ITC) – means a credit that GST/HST but does not include: registrants can generally claim to recover the GST/HST paid or payable for property or services they acquired, ■ the making of exempt supplies; or imported into Canada, or brought into a participating ■ any business or adventure or concern in the nature of province for consumption, use, or supply in the course of trade carried on without a reasonable expectation of their commercial activities (to make taxable supplies for consideration). profit by an individual, a personal trust, or a partnership where all the members are individuals. Municipality – means an incorporated city, town, village, Commercial activity also includes a supply of real property, metropolitan authority, township, district, county or rural municipality or other incorporated municipal body other than an exempt supply, made by any person, whether or not there is a reasonable expectation of profit, and however designated, and such other local authority that anything done in the course of making the supply or in the Minister of National Revenue may determine to be a municipality. connection with the making of the supply. Consideration – includes any amount that is payable for a Participating province – means a province that has supply by operation of law. harmonized its provincial sales tax with the GST to implement the harmonized sales tax (HST). Participating Designated municipal property – means property of a provinces include New Brunswick, Newfoundland and person who is, at any time, designated to be a municipality Labrador, Nova Scotia, Ontario, and Prince Edward Island, for purposes of claiming the municipal rebate. Generally, it but do not include the Nova Scotia offshore area or the is property, or an improvement to it, that the designated Newfoundland offshore area except to the extent that municipality intended to consume, use, or supply more offshore activities, as defined in subsection 123(1) of than 10% in the course of activities specified in its the Excise Tax Act, are carried on in that area. designation, and an amount for the property or improvement to it has been included in the calculation Note of non-creditable tax charged. Once property qualifies as British Columbia was a participating province from July 1, 2010 until March 31, 2013. designated municipal property, it is treated as such for as long as it is held by the designated municipality. Person – means an individual, a partnership, a corporation, Designated municipality – refers to a person designated by the estate of a deceased individual, a trust, or any organization such as a society, a union, a club, an the Minister of National Revenue to be a municipality, but only in respect of activities, specified in the designation that association, or a commission. involve the making of supplies (other than taxable Property – includes goods, real property and intangible supplies) by the person of municipal services. personal property such as trademarks, rights to use a Election – is a way for businesses and organizations to patent, and admissions to a place of amusement, but choose various options that may make it easier to comply does not include money. with the GST/HST. Each election has its own eligibility criteria. cra.gc.ca 5
Public institution – means a registered charity for income tax purposes that is also a school authority, a public college, General rules for charities a university, a hospital authority, or a local authority determined by the Minister of National Revenue to be a municipality. S ome GST/HST rules that apply to charities are very different from those for businesses. For example: Public sector body – means a government or a public ■ Most supplies made by charities are exempt while most service body. supplies made by businesses are taxable. Public service body– means a charity, non-profit ■ Many charities are not required to register for GST/HST organization, municipality, university, public college, purposes while most businesses are required to do so. school authority, or hospital authority. ■ Businesses making taxable supplies can generally recover Real property – includes: GST/HST paid or payable on property and services they acquired for use in those activities by claiming input tax ■ a mobile home or floating home and any leasehold or credits (ITCs), while charities are generally restricted in ownership interest in such property; the ITCs they may claim. ■ in Quebec, immovable property and every lease of such ■ If a charity is registered for GST/HST purposes it must property; and calculate its net tax by using the net tax calculation for ■ in any other place in Canada, all land, buildings of a charities. permanent nature, and any interest in real property. ■ Where ITCs are not available, charities can recover some Registrant – means a person that is registered or has to be of the GST and the federal part of the HST paid or registered for the GST/HST. payable on their purchases and expenses (subject to certain exceptions) by claiming a 50% public service Selected public service body – means: bodies’ rebate. ■ a school authority, a university or a public college ■ Charities may also be able to claim a public service that is established and operated other than for profit; bodies’ rebate for some of the provincial part of the HST ■ a hospital authority; if they are a resident in a participating province (defined on the previous page). For more information, see “Rebate ■ a municipality; information for charities” on page 14. ■ a facility operator; or ■ an external supplier. What is the GST/HST? Small supplier – refers to a person whose revenue (along with the revenue of all persons associated with that person) from worldwide taxable supplies was equal to or less than $30,000 ($50,000 for public service bodies) in a calendar T he goods and services tax (GST) is a tax that applies to most supplies of goods and services made in Canada. The GST also applies to many supplies of real property quarter and over the last four consecutive calendar (for example, land, buildings, and interests in such quarters. property) and intangible personal property such as Charities and public institutions are also considered small trademarks, rights to use a patent, and digitized products suppliers if they meet the gross revenue test of $250,000 or downloaded from the Internet and paid for individually. less. The participating provinces harmonized their provincial Supply – means the provision of property or a service in sales tax with the GST to implement the harmonized sales any way, including sale, transfer, barter, exchange, licence, tax (HST) in those provinces. Generally, the HST applies rental, lease, gift, or disposition. to the same base of property (for example, goods) and services as the GST. In some participating provinces, there Taxable supplies – are supplies of property and services are point-of-sale rebates equivalent to the provincial part of that are made in the course of a commercial activity and the HST on certain qualifying items. For more information, are subject to the GST/HST (including zero-rated supplies). see Guide RC4022, General Information for GST/HST Zero-rated supplies – are supplies of property and services Registrants. that are taxable at the rate of 0%. This means there is no GST/HST registrants who make taxable supplies GST/HST charged on these supplies, but GST/HST (other than zero-rated supplies) in the participating registrants (other than charities using the net tax calculation provinces collect tax at the applicable HST rate. GST/HST for charities) may be eligible to claim ITCs for the registrants collect tax at the 5% GST rate on taxable supplies GST/HST paid or payable on property and services they they make in the rest of Canada (other than zero-rated acquired to provide these supplies. supplies). Special rules apply for determining the place of supply. For more information on the HST and the place-of-supply rules, see Guide RC4022. 6 cra.gc.ca
The HST rate can vary from one participating province to You may be eligible to claim an ITC for the GST/HST paid another. For the list of all applicable GST/HST rates, go or payable on the purchase of, or improvements to, real to cra.gc.ca/gsthst and select “GST/HST rates” under property where it is used less than primarily, but more than “Tools.” 10%, in your commercial activities and for which you filed Form GST26, Election or Revocation of an Election by a Public Exception for certain sales of new housing Service Body to Have an Exempt Supply of Real Property Treated Special rules apply for determining the rate of the as a Taxable Supply. For more information, see “Election for GST/HST that applies to the sale of new housing. real property of a public service body” on page 26. For more information, see “Sales of new housing” on page 22. As a registrant, you are entitled to claim a public service bodies’ rebate (PSB rebate) of the GST/HST paid or payable Who pays the GST/HST? on eligible purchases and expenses for which you cannot claim ITCs or any other rebate, refund, or remission Almost everyone has to pay the GST/HST on purchases whether that tax relates to your commercial or exempt of taxable supplies of property and services (other than activities. zero-rated supplies). However, Indians and some groups and organizations, such as certain provincial and territorial You can complete one rebate application for each reporting governments, do not always pay the GST/HST on their period (monthly, quarterly, or annually). For more purchases and expenses. For more information, go information, see “Rebate information for charities” on to cra.gc.ca/gsthst or see Guide RC4022. page 14. Note Who charges the GST/HST? If you are an annual filer and your net tax for the previous year is $3,000 or more, you may have to Generally, GST/HST registrants have to collect the make quarterly instalment payments even if your GST/HST on all taxable (other than zero-rated) supplies rebate reduces your amount owing to less than $3,000. of property and services they provide to their customers. You can use the “Instalment payment calculator” However, there are some exceptions for taxable sales of service to calculate your instalment payments and real property. For more information, see “Real property” view their due dates using our online services on page 22. at cra.gc.ca/mybusinessaccount or cra.gc.ca/representatives. For more information, How does the GST/HST work for go to cra.gc.ca/gsthst or see Guide RC4022. charities that are GST/HST registrants? How does the GST/HST work for If you are a GST/HST registrant, you generally have charities that are not GST/HST to charge and collect the GST/HST on taxable supplies registrants? (other than zero-rated supplies) you make in Canada and If you are not a GST/HST registrant, you do not have to file regular GST/HST returns to report that tax. collect the GST/HST even if you supply taxable property Exception for certain sales of real property and new and services. However, you may be required to collect the housing GST/HST on taxable sales of real property even if you are In certain cases, you do not have to collect the GST/HST not a registrant. For information about liability for tax, see on a taxable sale of real property. Instead, the purchaser GST/HST Memorandum 19.4.1, Commercial Real Property – may have to pay it to us directly. However, special rules Sales and Rentals. apply for determining which rate applies to the sale of You can recover a percentage of the GST/HST paid or new housing. For more information, see “Real property” payable on your eligible purchases and expenses by on page 22 and Guide RC4022. claiming a PSB rebate. You can complete two rebate You are limited in the ITCs that you can claim because of applications for each fiscal year – one rebate application for the special calculation method called the net tax calculation the first six months of your fiscal year and another for the for charities that you must use to complete your GST/HST last six months of your fiscal year. For more information, return. see “Rebate information for charities” on page 14. Generally, you can claim ITCs only on the GST/HST paid or payable in respect of certain items such as purchases of, or improvements to, capital property or real property that you used primarily (more than 50%) in your commercial activities (defined on page 5), where all the conditions for claiming ITCs are met. cra.gc.ca 7
Gross revenue includes: Does a charity have to register ■ income from a business, or from an adventure or concern for the GST/HST? in the nature of trade; ■ gifts and donations; You have to register for the GST/HST if: ■ grants, subsidies, forgivable loans, and other assistance; ■ you provide taxable supplies in Canada; and ■ property and investment income; ■ you are not a small supplier. ■ any amount that is a capital gain from the disposition of You cannot register for GST/HST purposes if you provide property for income tax purposes; and only exempt supplies. ■ other revenue of any kind whatever during the year, You may voluntarily register for GST/HST purposes if including revenue from both taxable and exempt you: supplies. ■ provide taxable property and services in Canada; and Subtract any amount that is a capital loss from the ■ you are a small supplier. disposition of property for income tax purposes. Whether your charity is incorporated or unincorporated, Small supplier limits you have to use the gross revenue of your organization as a whole (the legal entity) to determine if you qualify as a As a charity, you may qualify as a small supplier under small supplier under this test. either of the following tests: ■ the $250,000 gross revenue test; or $50,000 taxable supplies test ■ the $50,000 taxable supplies test. The taxable supplies limit for charities and other public service bodies is $50,000. You only have to meet one of these tests to be a small supplier. If you qualify as a small supplier, you do not have Note to register for the GST/HST, but you may choose to do so If your charity is a small supplier under the gross voluntarily. For more information, see “Voluntary revenue test, you do not have to do this test. registration” on the next page. The taxable supplies test includes your revenues, and those If you are a small supplier and you decide not to register: of your associates, from worldwide taxable supplies of property and services, including zero-rated supplies. ■ You do not charge tax on your supplies except for taxable sales of real property. However, you may not have to Do not include revenues from exempt supplies, sales of collect the tax from the purchaser. For more information, capital property, supplies of financial services, and see “Who remits the tax on a taxable sale of real goodwill from the sale of a business. property – vendor or purchaser?” on page 25. To determine if you are a small supplier under this test, ■ You cannot claim ITCs to recover the GST/HST paid or calculate: payable on property and services you acquired. ■ your total revenue from taxable supplies in the current ■ You can claim a PSB rebate at the applicable rate for the calendar quarter; and GST/HST paid or payable on your eligible purchases ■ your total revenue from taxable supplies in the last four and expenses. calendar quarters. Gross revenue test If each of these amounts adds up to $50,000 or less, you do not have to register, but you may do so voluntarily. The fiscal year limit for the gross revenue test for a charity is $250,000. When calculating your gross revenue for this For more information, see “Voluntary registration” on test, you do not have to determine if the property and the next page. services you sell or provide are subject to GST/HST. If your charity has branches or divisions, you can apply The test is as follows: to have them treated as individual small supplier divisions. For more information, see “Branches and divisions” on the ■ If you are in your first fiscal year, you do not have to next page. register for GST/HST. If a branch or division qualifies as a small supplier division, ■ If you are in your second fiscal year, calculate your gross it will not have to collect or remit GST/HST on its supplies revenue from your first fiscal year. If this amount is of taxable property and services (except for certain taxable $250,000 or less, you are considered a small supplier and sales of real property, capital municipal property, and you do not have to register for GST/HST. designated municipal property). ■ If you are in your third or later fiscal year, calculate your gross revenue in each of your two previous fiscal years. If this amount is $250,000 or less in either of these years, you are considered a small supplier and you do not have to register for the GST/HST. 8 cra.gc.ca
Voluntary registration ■ you have not revoked an earlier designation of the branch or division within the previous 365 days. If you make taxable supplies of property and services but you are a small supplier based on either the $250,000 gross Once a branch or division no longer qualifies as a small revenue test or the $50,000 taxable supplies test, you do not supplier division, it has to start collecting the GST/HST on have to register for GST/HST. However, you can choose to its taxable supplies and may qualify for ITCs, subject to the register voluntarily, even though you do not have to. limitations in the net tax calculation for charities. If you register voluntarily, your effective date of GST/HST does not apply to supplies transferred between registration is usually the date the application is received. branches or divisions that are part of one legal entity. However, the CRA will accept an earlier effective date, provided that the date is within 30 days of the date the Members of unincorporated application for registration is received, regardless of the method of registration. organizations Once you are registered, you have to charge and remit Generally, when one unincorporated organization the GST/HST on your taxable supplies of property and (such as a club or association) is a member of an services. You may also be able to claim ITCs (subject to the unincorporated main organization, but is a separate entity, limitations explained in “Net tax calculation for charities” the organizations have to charge the GST/HST on taxable on page 17) to recover the GST/HST paid or payable on transactions between them, if they are GST/HST property and services you acquired to provide them. registrants. However, such organizations can apply jointly to have the member organization considered a branch of If you have made sales and already charged GST/HST the main organization. for more than 30 days before setting up your GST/HST account, call 1-800-959-5525 for more information. To do so, the main organization has to send us a completed Form GST32, Application to Deem One Unincorporated A PSB rebate may be available for the GST/HST paid Organization to be a Branch of Another Unincorporated or payable on eligible purchases and expenses for which Organization. If the application is approved, the GST/HST you cannot claim ITCs or any other rebate, refund, or will not apply to transfers of goods and services between remission. For more information, see “Rebate information the member organization and the main organization. for charities” on page 14. Note When two unincorporated organizations are members Branches and divisions of the same unincorporated main organization and each Branches or divisions that are part of one legal entity member applies jointly with the main organization, cannot register separately. Therefore, if you register for using Form GST32 and both of their applications are the GST/HST, you have to do so as a single entity. You approved, the GST/HST will not apply to taxable have to take into account the total revenue of the entity transactions between the two member organizations. to determine whether or not you have to register. However, if your charity has branches or divisions, you How do I register? may apply to have each branch or division with $50,000 To register for the GST/HST, go to cra.gc.ca/bro or send us or less in taxable supplies designated as a small supplier a completed Form RC1, Request for a Business Number (BN). division. To apply for this treatment, the head office must send us a Cancelling your registration completed Form GST31, Application by a Public Service Body If you are registered for the GST/HST and you determine, to Have Branches or Divisions Designated as Eligible Small after using the small supplier tests, that you do not have Supplier Divisions. If we approve the designation for a small to be registered, you can ask us to cancel your GST/HST supplier division, the branch or division will no longer registration. You can only cancel your registration if you collect GST/HST on its taxable supplies (except for certain have been registered for at least one year. taxable sales of real property, capital municipal property, and designated municipal property) and ITCs cannot be If your registration is cancelled, you do not charge the claimed by either the head office or the branch or division GST/HST (other than on a taxable supply of real property to the extent that a property or service is acquired by way of sale) and you cannot claim ITCs. You may also for activities of the branch or division. have to pay back some of the ITCs you claimed while you were a registrant. You do not have to be registered for A branch or division will qualify as a small supplier GST/HST purposes to claim the PSB rebate. division if it meets all of the following conditions: To cancel your registration, complete Parts A, B, and E ■ it has taxable supplies of $50,000 or less in the current of Form RC145, Request to Close Business Number Program calendar quarter and also $50,000 or less over the last Accounts, and send it to your tax centre. The tax centres four consecutive calendar quarters; are listed at cra.gc.ca/taxcentre. Usually, we have to receive ■ you can separately identify the branch or division by your request within 30 days of your year-end to cancel your either its location or the nature of its activities; registration, which will take effect after the last day of your fiscal year. ■ it has its own accounting systems and maintains separate records and books of account; and cra.gc.ca 9
If other situations arise (for example, you stop making Exceptions taxable supplies) and you no longer need to be registered, If you filed an election to treat your exempt supplies of you should cancel your registration immediately as that real property as taxable, these supplies are taxable. described on the previous page. For more information, see “Election for real property of a public service body” on page 26. Also, although the supply of a parking space at a public Exempt supplies hospital is generally exempt where the supply is made by a charity or a public sector body (for example, a hospital authority) to persons such as patients, visitors, M ost property and services that charities supply are exempt from GST/HST. When property or services are exempt, it means that, even if you are a GST/HST and individuals volunteering at the hospital, parking that is supplied to hospital staff and medical registrant, you do not charge GST/HST on them. Also, you professionals is generally taxable. For more information, generally cannot claim input tax credits for the GST/HST see GST/HST Notice 285, Application of the GST/HST to paid or payable on property and services you acquired to Supplies of Parking by Charities and Public Sector Bodies. make your exempt supplies. ■ catering services for private functions (for example, Note wedding receptions). Special rules apply if you are a designated municipality. For more information, see Guide RC4049, GST/HST Other exemptions Information for Municipalities. Admissions Some property and services are exempt regardless of who Admissions to places of amusement, such as museums, supplies them. Examples of these property and services are: recreational complexes, and theatres are exempt if the ■ long-term rentals of residential accommodation (of one maximum admission price charged is $1 or less. month or more); Admissions to a fund-raising dinner, ball, concert, show, ■ child care services, where the primary purpose is to or similar fund-raising event are exempt where you are provide care and supervision to children 14 years of age permitted to issue a donation receipt for income tax or under for periods of less than 24 hours per day; and purposes for part of the admission price, or could issue a donation receipt if the recipient of the supply were an ■ personal care services for children, underprivileged individual. This exemption does not require a charity to individuals, or individuals with disabilities, when issue a donation receipt. supplied by a person operating an establishment for these individuals, in either institutional or Admissions you sell in the course of a fund-raising activity non-institutional settings. are also exempt except where you sell the admissions, or your clients are entitled to receive the admissions, on a regular or continuous basis throughout the year or a Exemptions for charities significant part of the year. The following are examples of property and services Admissions to be a spectator of a performance, athletic, that are exempt when your charity supplies them: or competitive event are also exempt where 90% or more ■ most services; of the performers, athletes, or competitors are not paid, directly or indirectly, for their participation other than by ■ supplies of used or donated goods; government and municipal grants, and reasonable amounts ■ short-term rentals of residential accommodation as gifts, prizes, or compensation for travel or other (less than one month of occupancy); incidental costs. The admissions will not be exempt if they are for events specifically advertised as featuring paid Exception participants or for events at which professional athletes If you filed an election to treat your exempt supplies compete for cash prizes. of that real property as taxable, the supply of the short-term accommodation will be taxable unless the amount payable for the supply is $20 or less for each day Direct cost exemption of occupancy. For more information, see “Election for Tangible personal property (goods) and services you sell real property of a public service body” on page 26. for an amount that is not more than your direct cost may also be exempt. The direct cost exemption applies to sales ■ meals-on-wheels programs. This exemption is for a of goods (other than capital property or designated supply of food or beverages to seniors, underprivileged municipal property) and services that are bought for resale. individuals, or individuals with a disability, under a program established and operated to provide prepared Direct cost includes the following amounts: food to such individuals in their places of residence. ■ the amount you paid when you bought the goods or Any supply of food or beverages made to a charity for service; these programs is also exempt; ■ the amount you paid for an article or material (other ■ certain parking space and facility rentals (for example, than capital property or designated municipal property) halls for weddings); and directly used to manufacture, produce, process, or package the goods; and 10 cra.gc.ca
■ GST, HST, Quebec sales tax (QST), and non-recoverable Fund-raising activities provincial taxes, duties, and fees you paid when you Most property and services you sell in the course of bought the goods or services. a fund-raising activity that are not covered under Direct cost does not include administrative or overhead the exemptions described above are exempt unless: expenses, or employee salaries that you incur to provide ■ you sell these property or services regularly or these goods or services. continuously throughout the year, or a significant If you only want to recover your direct cost, you can choose part of the year; or to make your sales taxable or exempt depending on your ■ your clients are entitled to receive these property or tax treatment of the sale. services regularly or continuously throughout the year, If you sell particular goods or services for a price that is or a significant part of the year. no more than your direct cost and you do not charge the Examples of supplies that are exempt include: GST/HST, these sales are exempt. ■ greeting cards you sell only in the Christmas season; and Example ■ chocolate bars you sell in an eight-week fund-raising You buy T-shirts with your logo in Nova Scotia for $20 each drive. plus $3 HST. You sell them to customers in Nova Scotia for Examples of supplies this exemption does not cover and $23 and do not charge the HST on the $23. Since the price that you will generally have to collect tax on if you are a you charged was not more than your direct cost GST/HST registrant, include: ($20 + $3 = $23), and since you did not charge the HST on the selling price, your sales of these T-shirts are exempt. ■ goods you sell year-round in a tuck shop; and ■ subscriptions to your charity’s magazine. However, if you sell particular goods and services for a price that is equal to or more than your direct cost Fund-raising events (not including GST, HST, and QST, where you are a QST Admissions to a fund-raising dinner, ball, concert, show, registrant), and you charge an amount as GST/HST on the or similar fund-raising event are exempt where you are selling price, these sales are considered to be taxable sales permitted to issue a donation receipt for income tax (if no other exemption applies). purposes for part of the admission price, or could issue a donation receipt if the recipient of the supply were an Example individual. This exemption does not require a charity to You buy new T-shirts with your logo in Nova Scotia for issue a donation receipt. $20 each plus $3 HST. You sell them to customers in Nova Scotia throughout the year for $20 each plus $3 HST. Example Since you charged an amount equal to your direct cost not You sell tickets to a fund-raising dinner for $100 but $75 including the HST ($20), and you charged HST separately, of the ticket price qualifies for a charitable donation receipt the sales of these T-shirts are taxable. for income tax purposes. You do not charge the GST/HST The sale of the T-shirt would be exempt if you sold it on any part of the admission. for less than $20, even if you charged the HST to your customer. In this case, you would have collected the tax in error. Gambling events GST/HST does not apply to revenues you receive from sales of lottery, break-open, or raffle tickets. However, Free supplies lottery tickets you sell for a provincial or inter-provincial If 90% or more of supplies of a property or a service lottery corporation are taxable, and the tax is included in you make are free of charge, all of your supplies of that the price of the tickets. Lottery corporations are required property or service are exempt, including any for which to remit any tax collected on lottery tickets and will tell an amount is charged. you how to treat the proceeds from these lottery tickets. This exemption does not apply to: If you operate bingo games or casino nights, the fees you charge for the sale of bingo cards or the taking of bets ■ a supply of blood or blood derivatives; or during a casino night are exempt. ■ a parking space if the supply of the space is made for If you run a bingo game, casino night, or other gambling consideration by way of lease or licence in the course of event and charge admission, the admission is exempt if a business carried on by the charity. you meet the following conditions: ■ volunteers run the event and take the bets; and ■ for bingo and casino nights, the event is not held in a commercial hall or temporary structure (such as a bingo tent put up on a fair ground) used mainly for gambling activities. cra.gc.ca 11
Memberships Note A supply of a membership by a charity is exempt, unless If you make a taxable sale of real property, you do the value of the following benefits is significant (generally not have to collect the tax payable if the purchaser is considered to be 30% or more) in relation to the cost of the registered for the GST/HST, unless the purchaser is an membership: individual (whether registered or not) and you make a taxable sale to the individual, of a house or a cemetery ■ free or reduced admission to a place of amusement; plot or place of burial, entombment or deposit of human remains or ashes. For more information, see “Who ■ the right to use facilities at a place of amusement; or remits the tax on a taxable sale of real property – vendor ■ the right to participate in a recreational or athletic or purchaser?” on page 25. activity at a place of amusement. A service, membership, or right you supply is not exempt Taxable supplies (other than if it includes supervision or instruction in any recreational zero-rated) or athletic activity unless: The following are examples of taxable, other than ■ you provide it primarily to children 14 years of age zero-rated, supplies (for the list of all applicable GST/HST or under and it does not involve overnight supervision rates, go to cra.gc.ca/gsthst and select “GST/HST rates” throughout a large part of the program; or under “Tools”): ■ you provide it primarily to individuals who are ■ supplies of certain personal property that you used underprivileged or who have a disability. in your commercial activities, or in the case of capital property, primarily in your commercial activities For more information, see “Taxable supplies” below. (such as the sale of a cash register used exclusively in a gift shop where you sell taxable supplies); Recreational programs ■ new goods that you bought, manufactured, or produced If you provide recreational programs primarily to children to resell (such as sales of new goods that you bought to 14 years of age or under, the fees you charge are exempt. resell in a gift shop for a price that is more than their However, if there is overnight supervision throughout a direct cost – see page 10). Sales of used goods or goods substantial part of these programs, the fees are taxable. donated to the charity remain exempt; If you provide recreational services primarily to ■ certain sales and leases of real property (see “Sales and underprivileged individuals, or individuals with a leases” on page 22); disability, these services are also exempt. ■ admissions to a place of amusement such as a museum, Relief of poverty, suffering, or distress recreational complex, or theatre if any admission charged is more than $1 (except for certain fund-raising activities Supplies of food, beverages, or short-term accommodation and certain amateur events). For example, if you charge that are provided in the course of an activity, the purpose adults a $5 admission and children a $0.50 admission, of which is to relieve the poverty, suffering, or distress of both admissions will be taxable; individuals, and is not fund-raising, are exempt. ■ memberships that entitle members to benefits such as For example, GST/HST does not apply to charges for meals free or discounted admission to a place of amusement or accommodation at a shelter for needy individuals. (for example, a museum, a theatre, or a recreational complex), the use of facilities, or the right to participate in recreational activities at a place of amusement. Taxable supplies However, if the value of these benefits is insignificant (less than 30%) in relation to the membership fee, the membership is exempt; I f no exempting provisions apply to your supply of a particular property or service, the supply is a taxable supply. The following are examples of supplies of property ■ a service involving, or a membership that allows the member to receive, supervision or instruction in a and services that are generally taxable. recreational or athletic activity, unless it is provided Although a supply of a property or service may be taxable, primarily to children 14 years of age or under and does you do not collect tax on your supplies (except for certain not involve overnight supervision throughout a taxable sales of real property, capital municipal property substantial part of the program, or unless it is provided and designated municipal property) unless you are a primarily to individuals who are underprivileged or registrant. For more information, see “Does a charity have who have a disability; to register for the GST/HST?” on page 8. ■ services of performing artists if you provide the services to another organization that is selling taxable supplies of admissions to the performance; 12 cra.gc.ca
■ lottery tickets (tax is included in the price of the ticket) Charities providing employment if your charity sells them for a provincial lottery corporation (see “Gambling events” on page 11); assistance to individuals with disabilities ■ restaurant operations; If your charity regularly provides employment or ■ professional theatre subscriptions; and employment assistance to individuals with disabilities and ■ most services rendered to an individual for the purpose supplies services that are performed by such individuals to of enhancing or otherwise altering the individual’s clients, these supplies would usually be exempt. However, physical appearance and not for medical or you can apply to us in writing to be designated for the reconstructive purposes. purpose of having the supply of these services made taxable when provided to a GST/HST registrant (unless you are providing them to a public sector body or to a Zero-rated supplies board, commission, or other body established by a Supplies of zero-rated property and services are taxable at government or a municipality). a rate of 0%. Therefore, you do not collect GST/HST when To qualify for this designation, a charity must meet the you supply zero-rated property and services. two following conditions: Generally, GST/HST registrants (other than charities) may ■ one of the main purposes of the charity is to provide be eligible to claim ITCs for the GST/HST paid or payable employment or employment-related assistance to on property and services they acquired to provide individuals with disabilities; and zero-rated supplies. Special rules concerning ITCs apply to charities. For more information, see “Net tax calculation for ■ the charity must supply, on a regular basis, certain charities” on page 17. services that are performed, in whole or in part, by individuals with disabilities. If your supply of a particular property or service does not satisfy any exempting provisions, a zero-rating provision A charity requesting designation should submit governing may nevertheless apply to zero-rate the supply. documents, a statement of activities and the requested effective date of designation. This information, including Some examples of zero-rated supplies are: the charity’s legal name and business number should be ■ basic groceries (such as milk, bread, vegetables, meat, sent to the following address: and fish); Director, Public Service Bodies and Governments Division ■ exports (most goods and services for which you charge Excise and GST/HST Rulings Directorate and collect the GST/HST in Canada are zero-rated when 320 Queen Street, Tower A, 15th Floor exported); Ottawa, ON K1A 0L5 ■ prescription drugs; ■ supplies of blood and blood derivatives; Donations, grants, subsidies ■ certain medical devices (such as artificial limbs and hearing aids); and sponsorships ■ the rental of farmland to a GST/HST registrant on a crop-share basis to the extent that the crop is zero-rated; Donations and gifts and Generally, the GST/HST does not apply to donations and gifts. A donation or a gift is a voluntary transfer of money ■ feminine hygiene products (as of July 1, 2015). or property for which the donor does not receive any For more information, see GST/HST Memoranda Series, benefit in return. If the donor receives property having Chapter 4, Zero-rated supplies. nominal value, such as a key ring, a pin, or an envelope seal, in exchange for the donation, the donation will still not be subject to the GST/HST. However, for supplies made after March 22, 2016, when you make a taxable (other than zero-rated) supply of property or a service in exchange for a donation and when you are permitted to issue a donation receipt for income tax purposes for part of the donation, or could issue a donation receipt if the recipient of the supply were an individual, only the fair market value of the property or services supplied by the charity will be subject to the GST/HST. This rule does not apply to exempt supplies made by a charity, such as certain supplies of admissions to a fund-raising event. cra.gc.ca 13
Note If the payment by the sponsor is made primarily (more Special transitional rules apply to supplies made after than 50%) for advertising on television or radio, or in a December 22, 2002, and on or before March 22, 2016, if a newspaper, magazine, or other publication issued charity did not collect GST/HST on the full value of the periodically, the payment received is not payment for a donation. sponsorship, but rather for advertising services. However, advertising services are generally exempt from the If the fair market value of the property or service GST/HST when provided by a charity. supplied by the charity is $500 or more, the GST/HST applies to those supplies based on the fair market value Receipt of donations, grants, subsidies, and sponsorships of the property or service. do not affect your entitlement to GST/HST rebates or input tax credits. For more information, see “Rebate information If the fair market value of the property or service for charities” below and “Input tax credits” on page 18. supplied by the charity or public institution is less than $500, the supply is deemed to have been made for no consideration and as a result no GST/HST applies. For more information, call GST/HST Rulings Rebate information for charities at 1-800-959-8287. Grants and subsidies T here are special rebates that allow certain public service bodies, including charities, to recover a percentage of the GST/HST paid or payable on their eligible purchases As a charity, you may receive grants, contributions, and expenses. subsidies, forgivable loans and similar payments (often referred to as transfer payments). However, if there is a Rebate for public service bodies direct link between a payment you receive and a supply you provide to either the grantor of the transfer payment or As a charity, you may be eligible for a PSB rebate of 50% of to a specified third party, the transfer payment may be the GST and the federal part of the HST, paid or payable on regarded as payment for a supply. eligible purchases and expenses. If you are eligible to claim this rebate, enter the amount on line 305 of Part D of your If this is the case, the transfer payment may be subject rebate application (Form GST66, Application for GST/HST to the GST/HST. Generally, this would not apply to a Public Service Bodies’ Rebate and GST Self-Government Refund, payment for services, since most services provided by or Form GST284, Application for GST/HST Public Service a charity are exempt. Bodies’ Rebate and GST Self-Government Refund). The tax treatment of transfer payments will be determined If you are a resident of a participating province, you may on a case-by-case basis. For more information, see Technical also be eligible for a PSB rebate of some of the provincial Information Bulletin B-067, Goods and Services Tax Treatment part of the HST. of Grants and Subsidies. If you are eligible to claim this rebate complete the provincial schedule (Form RC7066 SCH, Provincial Sponsorships Schedule – GST/HST Public Service Bodies’ Rebate, or Sponsorships may not be subject to the GST/HST Form GST284 SCH, Provincial Schedule – GST/HST Public depending on the nature and the extent of the promotional Service Bodies’ Rebate) and attach it to your rebate benefits you give to the sponsor. application. The following are examples of sponsorships that are not For more information, see Guide RC4034, GST/HST Public subject to the GST/HST: Service Bodies’ Rebate. ■ Sponsorships when a business financially supports your activity in return for which you promote the Rebate for charities that provide business. For example, your charity organizes a softball municipal services team and you agree to feature a sponsor’s trade name on your team uniforms or you run a sporting event and As a charity that receives municipal designation for publish an acknowledgment of the sponsor in the event’s purposes of the PSB rebate, you may be eligible to claim program. a 100% rebate of the GST and the federal part of the HST paid or payable on eligible purchases and expenses that ■ Sponsorships when you receive funding in return for relate to your designated activities for which you could allowing the sponsor the right to use your charity’s logo. not claim input tax credits, or any other rebate, refund, For example, a corporation uses a national charity’s logo or remission. in its advertising campaign. We do not consider the payments you receive from a sponsor in either of these circumstances to be payment for a property or service. These payments are not subject to the GST/HST. 14 cra.gc.ca
You can claim this amount by completing line 300 of Part D Note of Form GST284, Application for GST/HST Public Service You will still be entitled to claim a PSB rebate of Bodies’ Rebate and GST Self-Government Refund, or GST/HST paid or payable on eligible purchases or Form GST66, which is the non-personalized version of expenses for which you cannot claim ITCs or any Form GST284. You can file this application with your other rebate, refund, or remission. GST/HST return either by paper, or electronically by For more information, see Guide RC4034, GST/HST Public using our online services either through GST/HST Service Bodies' Rebate. NETFILE at cra.gc.ca/gsthst-netfile, or through cra.gc.ca/mybusinessaccount or cra.gc.ca/representatives. Rebate for purchases of printed books If you are a non-registrant, you can file your rebate If you operate a public lending library, you may be eligible application by paper or electronically by using our to claim a 100% rebate of the GST and the federal part of online services at cra.gc.ca/mybusinessaccount the HST paid or payable on publications such as most or cra.gc.ca/representatives. If you file this rebate printed books, audio recordings of printed books, and application electronically, you must also file any printed versions of religious scriptures you buy or import, associated provincial schedule electronically. if you are not reselling these items or giving them away. You remain eligible to claim the PSB rebate at the If the primary purpose of your charity is the promotion of applicable rate on your other activities. literacy, and you are prescribed by regulation, you could be entitled to this rebate. In addition, a rebate of the GST If you are a charity resident in a participating province and and the federal part of the HST that becomes payable after you receive municipal designation for purposes of the PSB March 29, 2012, is also available to your prescribed charity rebate, you may be eligible to claim a municipal rebate for on acquisitions or importations of printed books that are to some of the provincial part of the HST paid or payable on be given away at no cost. eligible purchases and expenses that relates to your designated activities for which you could not claim input For more information, see GST/HST Memorandum 13.4, tax credits, or any other rebate, refund, or remission. If you Rebate for Printed Books, Audio Recording of Printed Books, are eligible to claim this rebate, complete the provincial and Printed Versions of Religious Scriptures, or go schedule (Form RC7066 SCH, Provincial Schedule – GST/HST to cra.gc.ca/gsthst. Public Service Bodies’ Rebate, or Form GST284 SCH, You can claim this amount by completing line 307 of Part D Provincial Schedule – GST/HST Public Service Bodies’ Rebate) of Form GST284, Application for GST/HST Public Service and attach it to your rebate application. Bodies’ Rebate and GST Self Government Refund, or For more information, see Guide RC4049, GST/HST Form GST66, which is the non-personalized version of Information for Municipalities. Form GST284. Amounts included on this line cannot be included anywhere else in the calculation of your rebate on this form. Rebate for exported property and services If you are a GST/HST registrant, you can file this application with your GST/HST return either by paper, or You may be eligible to claim a rebate to recover 100% of the electronically by using our online services either through GST/HST paid to your suppliers on property and services GST/HST NETFILE at cra.gc.ca/gsthst-netfile, or you exported outside Canada and for which you cannot through cra.gc.ca/mybusinessaccount claim ITCs. In this case, you can recover all of the GST/HST or cra.gc.ca/representatives. paid, whether or not you are registered for the GST/HST. If you are a non-registrant, you can file your rebate You can claim this amount by completing line 308 of Part D application by paper or electronically by using our online of Form GST284, Application for GST/HST Public Service services at cra.gc.ca/mybusinessaccount Bodies’ Rebate and GST Self Government Refund, or or cra.gc.ca/representatives. Form GST66, which is the non-personalized version of Form GST284. Amounts included on this line cannot be If you file this rebate application electronically, you must included anywhere else in the calculation of your rebate also file any associated provincial schedule electronically. on this form. For more information, see Guide RC4034, GST/HST Public If you are a GST/HST registrant, you can file this Service Bodies’ Rebate. application with your GST/HST return either by paper, or electronically by using our online services either through Rebate for property or services GST/HST NETFILE at cra.gc.ca/gsthst-netfile, or through cra.gc.ca/mybusinessaccount removed from a participating province or cra.gc.ca/representatives. When calculating your PSB rebate of the provincial part of the HST, deduct from the provincial part of the HST paid or If you are a non-registrant, you can file your rebate payable any amount you claimed (or were entitled to claim) application by paper or electronically by using our online as a rebate on Form GST495, Rebate Application for Provincial services at cra.gc.ca/mybusinessaccount Part of Harmonized Sales Tax (HST), or GST189, General or cra.gc.ca/representatives. Application for Rebate of GST/HST. If you file this rebate application electronically, you must also file any associated provincial schedule electronically. cra.gc.ca 15
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